Host Nation Agreements and Licensing for Military Users of COMSATCOM
Host Nation Agreements and Licensing: Why are they needed?
When a mission partner is planning on using satellite bandwidth or equipment in foreign countries, it is required to follow the laws of the host nation when operating in the commercial spectrum. DoD or US policy does not supersede the laws of the host nation.
The term host nation agreement, or HNA, is often used as a blanket term to describe all of the different licenses that may be required of the terminal user, and sometimes the names of individual agreements are used interchangeably. There are five points of reference that DoD COMSATCOM users need to remember.
Policy. Memorandum MCEB-M-008-03 dated 18 August 2003 provides DoD spectrum procedural guidance for DoD users with requirements for commercial satellite services utilizing fixed earth terminals outside of the US and its possessions (OUS&P). Financial. Fees and financial charges for commercial satellite communications use, operation, licensing, and appropriate spectrum analysis that are required is the responsibility of the user or program manager. Equipment Certification. Commercial leased equipment cannot be certified through DoD Channels; therefore, the commercial provider must ensure any equipment certification required for use outside of OUS&P is accomplished. The user must ensure the requirement is for equipment certification to include host nation approval is included in the lease contract.
Host Nation Agreements (HNAs). US Government (USG) entities are obligated to secure HNAs and/or specific transmit licenses for their in-country earth stations prior to commencing operations. Failure to get HNA equates to no protection from interference, possible interception and potential violation of international and local laws. This includes fines of up to $500,000; seizure of equipment, and creating an “International Incident.” A key point is that DISA will not release satellite capacity until HNA is in hand.
Users need to remember that an HNA does not automatically provide the right to transmit Usually there is a requirement for typical licensing procedures. Often the issue is what entity can hold license; the third party vendor, the US Government, or local operator. Fees are associated with this action. A Host Country may exempt the US Government from regulatory fees, although not commonly done. Fees range from ~$300/year to $5,000/month.
A few examples are -- Iraq & Afghanistan: No HNA required for US & NATO military users; Germany: Frequency clearance/assignment from local regulator; Australia and New Zealand: No HNA required for Ku-band (14.0 GHz-14.5 GHz) VSATs.
Frequency Clearances. Most COMSATCOM users only require a frequency clearance (sometimes called a frequency license), but other international agreements include landing rights, and terminal license/certification. Frequency clearances are very important for the COMSATCOM Center mission partner. They are required for operations in most foreign nations and must be included in the service contract and coordinated by the service provider. Service providers typically hire consulting firms who specialize in commercial spectrum HNAs and terminal licensing to secure licensing.
A frequency clearance is very specific and grants the user permission to operate a particular terminal, in a particular location, on a particular satellite, at a particular frequency. If any of these elements changes, the frequency clearance must be amended. Time to obtain frequency clearances can vary from days to months, depending on the host nation; therefore, it is critical to plan COMSATCOM requirements well in advance to ensure a frequency clearance can be in place prior to the required service start date. Frequency clearance is beneficial to the host nation as it allows management of the radio frequency spectrum. It is also beneficial to the user as it offers protection from radio frequency interference. Without a valid frequency clearance, the user is potentially in violation of international laws and is subject to fines of up to $500,000 and seizure of equipment.
The COMSATCOM Center has knowledgeable experts to assist in defining your individual COMSATCOM needs. If that includes an international agreement, your COMSATCOM Center representative will work with you to gather all the details needed to obtain the right licenses for your satellite requirements.
Please see below for definitions of common host nation agreements and licenses.
Host Nation Agreement — Permission for a foreign government to “use” the resources needed in a country, granted at sole discretion of host country.
Terminal Licenses/Certifications — These are licenses or certifications for satellite terminals to operate in the host nation. Certification of DoD-owned terminals is accomplished through military channels using a DD Form 1494. Certification of leased terminals must be accomplished through the service contract provider; military channels cannot be used. Terminal licenses/certifications do not grant a right to transmit; a frequency clearance is still required. Satellite service providers may also have terminal certification requirements in addition to the host nation.
Landing Rights — This is an agreement between the International Telecommunications Union (ITU), host nation, and satellite owner to land a space-based signal into their nation. This is coordinated when a satellite provider applies for an orbital slot. There is no fee or contracting requirement for landing rights; it is solely the responsibility of the satellite owner.
Frequency Clearance — This is a license allowing a specific terminal in a specific location to transmit to a specific satellite on a specific frequency. There is a cost associated with obtaining frequency clearance and it is purchased through the same contract as the bandwidth. Cost and time to obtain frequency clearance varies between countries.
(Posted April 2013)
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